Last updated: January 12, 2025
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act, 2006
Decision in favor of
Landlord
Ordered Amount
$37,321
to Landlord
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Citation: Anand v D'Acunto, 2024 ONLTB 75290
File Number: LTB-L-064434-23
Application Date
Dec 2023
Hearing Date
Jul 2024
Order Date
Oct 28, 2024
Tenancy End Date
Nov 2024
The Landlords proved they require the rental unit in good faith for the purpose of residential occupation by the Landlord, Raj Rani, for at least one year. The Tenant must vacate the unit by November 30, 2024. If the Tenant does not vacate by that date, the Landlords may file the order with the Sheriff for enforcement. The Tenant must pay the Landlords compensation for use of the unit from October 1, 2023 to the date the Tenant vacates, less the rent deposit and interest.
Tenant's travel plans and difficulties in finding alternative housing
Landlords applied for an order to terminate the tenancy and evict Tenant because the Landlords in good faith require possession of the rental unit for the purpose of residential occupation for at least one year by the Landlord, Raj Rani, and the Landlords require vacant possession of the rental unit in order to do major repairs or renovations to the unit.
Landlords served valid N12 notice in good faith, as they genuinely require the unit for Raj Rani's personal use.
Landlords require more space due to increased family size and need for privacy. Landlord Raj Rani intends to live in the rental unit for at least one year.
Tenant believes the N12 notice was served in bad faith, after she refused to pay the rent increase and give up use of the basement and half the garage.
Tenant lives in the rental unit with her two daughters, both in their early 20s and attending school. Tenant refused to pay the rent increase sought by the Landlords.
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Lawful Rent
$4,550
Rent Deposit
$3,125
Deposit Interest
$119
Other Amount
$40,685
Compensation for use of unit from Oct 1, 2023 to July 8, 2024
Ordered Amount
$37,321 (to Landlord)
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